On December 20, 2019 a
Exhibit,Appendix
was filed
involving a dispute between
Jose Gomez,
and
91-93 Franklin Llc,
Alpine Ready Mix Inc.,
Y.N.H. Construction Inc.,
for Torts - Other (Labor Law)
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 09/14/2022 11:46 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/14/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-------------------------------------------------------------------------X
JOSE GOMEZ, Index No.: 527680/2019
Plaintiff,
-against- AFFIDAVIT OF Y.N.H.
CONSTRUCTION INC.
91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and
ALPINE READY MIX INC.,
Defendants.
-------------------------------------------------------------------------X
91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC.,
Third-Party Plaintiffs,
-against-
CAPITAL CONCRETE NY INC.
Third-Party Defendant.
-------------------------------------------------------------------------X
STATE OF NEW YORK )
) ss:
COUNTY OF KINGS )
I, NICK HERSHKOWITZ, hereby duly sworn, depose and say:
1. I am presently, and have been employed by Defendant, Y.N.H. CONSTRUCTION
INC. (hereinafter “Y.N.H.”) for approximately twenty-one (21) years. My current title
is President.
2. As an authorized custodian of Y.N.H.’s business records, I make this statement based
on my familiarity with the records and record retention process.
3. I have reviewed Defendant, Y.N.H.’s Response to Plaintiff’s Notice for Discovery
and Inspection dated October 25, 2021, Response to Plaintiff’s Notice for Discovery
and Inspection dated January 13, 2022, Supplemental Response to Plaintiff’s Notice
for Discovery and Inspection dated June 17, 2022 and I have reviewed plaintiff’s
Affirmation in Opposition dated August 16, 2022.
FILED: KINGS COUNTY CLERK 09/14/2022 11:46 AM INDEX NO. 527680/2019
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/14/2022
4. I have made a further search of Y.N.H.'s records in relation to the subject September
18, 2019 incident and the instant lawsuit and in response to plaintiff's opposition.
5. All of Y.N.H.'s files concerning thisproject are stored on a cloud-based server.
6. I have performed a further search of the server for any responsive documents to the
plaintiff's demands and found no further documents other than what was previously
provided.
7. Y.N.H.'s filesare stored on a cloud-based server for three (3) years following
completion of a project before being transferred to an external back-up hard-drive.
8. In this case, the files for this project remain on the cloud-based server and have not
been placed on the external back-up hard-drive.
9. Y.N.H.'s external hard-drives containing Y.N.H.'s project files are stored in Y.N.H.'s
office for long term storage.
10. No fileor document concerning this project has been deleted.
11. I have concluded my search for the documents referenced in Y.N.H.'s referenced
discovery responses.
12. Y.N.H. has provided all documents in its possession responsive to the plaintiff's
Combined Demands dated May 29, 2020 and Notice for Discovery and Inspection
dated December 16, 2021.
Dated: New York, New York
September 12, 2022
NICK HERSHKOWITZ
Sworn to before me this
day of . 2022.
Notary Public
SMILOWITZ
ABRAHAM
ofNew York
Public - State
Notary 01SM6349309
No.
Qualified In Kings County
CommissionExpiresocL 17, 202@
My
Document Filed Date
September 14, 2022
Case Filing Date
December 20, 2019
Category
Torts - Other (Labor Law)
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FILED: KINGS COUNTY CLERK 09/14/2022 11:46 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/14/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -------------------------------------------------------------------------X JOSE GOMEZ, Index No.: 527680/2019 Plaintiff, -against- AFFIDAVIT OF Y.N.H. CONSTRUCTION INC. 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC. and ALPINE READY MIX INC., Defendants. -------------------------------------------------------------------------X 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC., Third-Party Plaintiffs, -against- CAPITAL CONCRETE NY INC. Third-Party Defendant. -------------------------------------------------------------------------X STATE OF NEW YORK ) ) ss: COUNTY OF KINGS ) I, NICK HERSHKOWITZ, hereby duly sworn, depose and say: 1. I am presently, and have been employed by Defendant, Y.N.H. CONSTRUCTION INC. (hereinafter “Y.N.H.”) for approximately twenty-one (21) years. My current title is President. 2. As an authorized custodian of Y.N.H.’s business records, I make this statement based on my familiarity with the records and record retention process. 3. I have reviewed Defendant, Y.N.H.’s Response to Plaintiff’s Notice for Discovery and Inspection dated October 25, 2021, Response to Plaintiff’s Notice for Discovery and Inspection dated January 13, 2022, Supplemental Response to Plaintiff’s Notice for Discovery and Inspection dated June 17, 2022 and I have reviewed plaintiff’s Affirmation in Opposition dated August 16, 2022. FILED: KINGS COUNTY CLERK 09/14/2022 11:46 AM INDEX NO. 527680/2019 NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/14/2022 4. I have made a further search of Y.N.H.'s records in relation to the subject September 18, 2019 incident and the instant lawsuit and in response to plaintiff's opposition. 5. All of Y.N.H.'s files concerning thisproject are stored on a cloud-based server. 6. I have performed a further search of the server for any responsive documents to the plaintiff's demands and found no further documents other than what was previously provided. 7. Y.N.H.'s filesare stored on a cloud-based server for three (3) years following completion of a project before being transferred to an external back-up hard-drive. 8. In this case, the files for this project remain on the cloud-based server and have not been placed on the external back-up hard-drive. 9. Y.N.H.'s external hard-drives containing Y.N.H.'s project files are stored in Y.N.H.'s office for long term storage. 10. No fileor document concerning this project has been deleted. 11. I have concluded my search for the documents referenced in Y.N.H.'s referenced discovery responses. 12. Y.N.H. has provided all documents in its possession responsive to the plaintiff's Combined Demands dated May 29, 2020 and Notice for Discovery and Inspection dated December 16, 2021. Dated: New York, New York September 12, 2022 NICK HERSHKOWITZ Sworn to before me this day of . 2022. Notary Public SMILOWITZ ABRAHAM ofNew York Public - State Notary 01SM6349309 No. Qualified In Kings County CommissionExpiresocL 17, 202@ My